VILLAGE OF ADDISON CODE

Chapter 8 – Finance and Taxation 

Article 1.  In General.

§8-1.                Deposit of Annexation Fees.

Article II.  Leasing Occupation Tax.

§8-2.                Imposed; Amount.

§8-3.                Filing of Return with State Department of Revenue.

§8-4.                Payment to State Department of Revenue.

Article III.  Retailers' Occupation Tax.

§8-5.                Tax Rate; Exemptions.

§8-6.                Monthly Report to State Department of Revenue.

§8-6.1.             Payments to State Department of Revenue.

§8-7.                Amendments to Article--Certified Copies and Publication Required.

Article IV.  Service Occupation Tax.

§8-8.                Tax Rate; Exemptions.

§8-9.                Monthly Reports to State Department of Revenue.

§8-9.1.             Payments to State Department of Revenue.

§8-10.              Amendments to Article--Certified Copies and Publication Required.

Article V.  Economic Development and Pollution

Control Facilities Bonds.

§8-11.              Definitions.

§8-12.              Purpose.

§8-13.              Powers of Municipality.

§8-14.              Exercise of Powers and Issuance of Bonds Generally.

§8-15.              Covenants in Bonds.

§8-16.              Signatures; Validity.

§8-17.              Lien on Project Revenues and Receipts.

§8-18.              Liability for Bonds.

§8-19.              Investment of Funds.

§8-20.              Exemption from Construction and Bidding Requirements for Public Buildings.

§8-21.              Powers Conferred To Be Supplemental.

 Article VI.  Municipal Use Tax.

§8-22.              Imposed; Amount.

§8-23.              Collection.

Article VII.  Real Estate Transfer Tax.

§8-24.              Imposition of Tax on Transfer by Deed.

§8-25.              Liability for Tax.

§8-26.              Purchase of Stamps.

§8-27.              Filing of Declaration.

§8-28.              Exemptions.

§8-29.              Real Estate Transfer Tax Stamps.

§8-30.              Recordation of Deeds.

§8-31.              Imposition of Tax on Transfer of Beneficial Interest.

§8-32.              Liability for Tax.

§8-33.              Purchase of Stamps.

§8-34.              Filing of Declaration.

§8-34.1            Filing of Certification of Inspection for Inflow and Infiltration.

§8-34.2            Filing of Certification of No Expired Building Permits, Code Violations and Unpaid Multi-Family License/Reinspection Fees.

§8-35.              Real Estate Transfer Tax Stamps.

§8-36.              Duty of Trustee.

§8-37.              Definitions.

§8-38.              Proceeds of Tax.

§8-39.              Interest and Penalties.

§8-40.              Civil Liability for Tax.

§8-41.              Fine for Violation.

§8-42.              Outstanding Water and Sewer Charges.

§8-42.1            Severability.

Article VIII.  Automobile Renting Occupation Tax.

§8-43.              Tax Imposed; Amount.

§8-44.              Filing of Report with State Department of Revenue.

§8-45.              Payment to State Department of Revenue.

Article IX.  Automobile Renting Use Tax.

§8-46.              Tax Imposed; Amount.

§8-47.              Parties Subject to Tax.

§8-48.              Payment to Illinois Department of Revenue.

§8-49.              Repealed by Ord. No. 82-02.

Article X.  Hotel-Motel Room Tax.

§8-50.              Tax Imposed; Amount; Exceptions.

§8-51.              Definitions.

§8-52.              Payment and Collection.

§8-53.              Administration and Procedure; Sworn Tax Return.

§8-54.              Enforcement and Penalty.

§8-55.              Deposit and Use of Taxes Collected.

Article XI.  Taxpayer Bill of Rights

§8-56.              Definitions.

§8-57.              Application of Tax Payments.

§8-58.              Late Payment.

§8-59.              Interest.

§8-60.              Late Filing Penalties.

§8-61.              Late Payment Penalty.

§8-62.              Failure to File Penalty.

§8-63.              Credits and Refunds.

§8-64.              Credit and Refund Claim Procedure.

§8-65.              Statute of Limitations Regarding Locally Imposed and Administered Taxes.

§8-66.              Audit Procedures.

§8-67.              Appeals Process.

§8-68.              Appeal Hearing Procedures

§8-69.              Installment Contracts.

§8-70.              Voluntary Disclosure.

§8-72.              Criminal Penalties

§8-73.              Review of Liens.

§8-74.              Application.

Article XII.   Simplified Municipal Telecommunications Tax.

§8-75.              Definitions.

§8-76.              Simplified Municipal Telecommunications Tax Imposed.

§8-77.              Collection of Tax by Retailers.

§8-78.              Returns to Department.

§8-79               Resellers.

Article XIII.  Cable/Video Service Provider Fee and Peg Access Support Fee

§8-83.              Definitions.

§8-84.              Cable/Video Service Provider Fee Imposed.

§8-85.              PEG Access Support Fee Imposed.

§8-86.              Applicable Principles.

§8-87.              No Impact on other Taxes Due from Holder or Cable Operator.

§8-88.              Audits of Cable/Video Service Provider.

§8-89.              Late Fees/Payments.

Article XIV.  Cable and Video Customer Protection Law

Sec. 8-90.   Customer service and privacy protection law.

Sec. 8-91.   Enforcement.

Sec. 8-92.   Penalties.

Sec. 8-93.   Customer credits.

Article XV.  Dishonored Checks

§ 8-94.        Fee for Dishonored Checks.

 


Article I. In General

Sec. 8-l.           Deposit of Annexation Fees.  [back to top]

All fees received for annexation by the Village shall be deposited in the water and sewer construction account number nine.  (Ord. 68-17.)

Article II. Leasing Occupation Tax.

Sec. 8-2.          Imposed; Amount.  [back to top]

A tax is hereby imposed upon all persons engaged in the business of renting or leasing tangible personal property to the users thereof, at the rate of one-half (½) of one percent (1%) of the gross receipts from such renting or leasing made in the course of such business while this Article is in effect, in accordance with the provisions of 65 ILCS 5/8-11-6. (Ord. 65-36)

Sec. 8-3.          Filing of Return with State Department of Revenue.  [back to top]

Every person engaged in any business specified in the above Section in the Village shall file with the State Department of Revenue the return in the manner as required by Section Five of the "Leasing Occupation Tax Act." as adopted by the 74th General Assembly. (Ord. 65-36)

Sec. 8-4.          Payment to State Department of Revenue.  [back to top]

At the time the return required by Section 8-3 is filed, there shall be paid to the State Department of Revenue the amount of tax imposed by this Article on account of the receipts from renting or leasing tangible personal property during the preceding month.  (Ord. 65-36)

Article III. Retailers' Occupation Tax.

(Article amended in its entirety by Ords. 69-62, 94-110)

Sec. 8-5.          Tax rate; Exemptions.  [back to top]

A

home rule tax is hereby imposed upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State’s government, at retail in the Village at the rate of one percent (1%) of  the  gross receipts  from such  sales  made  in the course  of  such business.  This  Home  Rule Municipal Retailers Occupation Tax shall not be applicable to the sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes, and needles used by diabetics.

            The imposition of this home rule tax is in accordance with the provisions of Section 8-11-1 of the Illinois Municipal Code (65 ILCS 5/8-11-1).

The tax hereby imposed and all civil penalties that may be assessed as an incident thereto shall be collected and enforced by the Department of Revenue of the State of Illinois.  The Department of Revenue shall have full power to administer and enforce the provisions of this Section 8-5.   (Ord. 96-61; 02-76; 11-41)

Sec. 8-6.          Monthly Report to State Department of Revenue.  [back to top]

Every person engaged in any business specified in the above Section in the Village shall file, on or before the twentieth day of each calendar month, the report to the State Department of Revenue required by Section Three of "An Act in Relation to a Tax upon Persons Engaged in the Business of Selling Tangible Personal Property to Purchasers for Use or Consumption," approved June 28, 1933, as amended.  (Ord. 96-61)

Sec. 8-6.1.       Payments to State Department of Revenue.  [back to top]

At the time the report required by Section 8-6 is filed, there shall be paid to the State Department of Revenue the amount of tax imposed by this Article on account of the receipts from sales of tangible personal property during the preceding month.

Sec. 8-7.          Amendments to Article--Certified Copies and Publication Required.  [back to top]

A certified copy of any ordinance amending this Article III shall be transmitted by the Village Clerk to the Illinois Department of Revenue as soon as practicable after the passage of such amendment.  Any ordinance amending this Article shall be published within ten (10) days of its enactment in the manner provided in Section 5/1-2-4 of the Illinois Municipal Code and shall be administered and enforced on the first day of January next following such adoption and filing as provided in Section 5/8-11-1 of the Illinois Municipal Code.

Article IV. Service Occupation Tax.

(Article amended in its entirety by Ords. 69-61, 94-110)

Sec. 8-8.          Tax Rate; Exemptions.  [back to top]

A home rule tax is hereby imposed upon all persons engaged in this municipality in the business of making sales of services at the rate of one percent (1%) of the selling price of all tangible personal property transferred by such serviceman as an incident to a sale of service. 

This Home Rule Municipal Service Occupation Tax shall not be applicable to the sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes, and needles used by diabetics.

            The imposition of this home rule tax is in accordance with the provisions of Section 8-11-5 of the Illinois Municipal Code (65 ILCS 5/8-11-5).

The tax hereby imposed and all civil penalties that may be assessed as an incident thereto shall be collected and enforced by the Department of Revenue of the State of Illinois.  The Department of Revenue shall have full power to administer and enforce the provisions of this Section 8-8.  (Ord. 96-61; 02-76; 11-41)

Sec. 8-9.          Monthly Reports to State Department of Revenue.  [back to top]

Every supplier or serviceman required to account for a municipal service occupation tax for the benefit of this municipality shall file, on or before the twentieth day of each calendar month, the report to the State Department of Revenue required by Section Nine of the "Service Occupation Tax Act," approved July 10, 1961, as amended.  (Ord. 96-61)

Sec. 8-9.1.       Payments to State Department of Revenue.  [back to top]

At the time the report required by Section 8-9 is filed, there shall be paid to the State Department of Revenue the amount of tax imposed by this Article.

Sec. 8-10.        Amendments to Article--Certified Copies and Publication Required.  [back to top]

A certified copy of any ordinance amending this Article IV shall be transmitted by the Village Clerk to the Illinois Department of Revenue not later than five (5) days after the passage of such amendment.  Any ordinance amending this Article shall be published within ten (10) days of its enactment in the manner provided in Section 5/1-2-4 of the Illinois Municipal Code and shall be administered and enforced on the first day of January next following such adoption and filing as provided in Section 5/8-11-5 of the Illinois Municipal Code.

Article V. Economic Development and Pollution Control Facilities Bonds.

Sec. 8-11.        Definitions.  [back to top]

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

Economic development project means any land, interest in land, building, structure, facility, system, fixture, improvement, addition, appurtenance, machinery or equipment or any combination thereof and all real and personal property deemed necessary in connection therewith, for use by any person; provided that the existence of such economic development project will create or retain employment opportunities in the municipality.

Municipality means the Village of Addison, DuPage County, Illinois.

Person means any individual, partnership, copartnership, firm, company, corporation, including public utilities, association, joint stock company, trust, estate, political subdivision, State agency or any other legal entity or its legal representative, agent or assigns.

Pollution means any form of environmental pollution including, but not limited to, water pollution, air pollution, land pollution, solid waste pollution, thermal pollution, radiation contamination or noise pollution as determined by the various standards prescribed by this State, the federal government or other governmental entities and including but not limited to, anything which is considered as pollution or environmental damage to the Environmental Protection Act, 415 ILCS 5/1 et seq., and any amendment thereto and substitution therefor.

Pollution control facility means any land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, addition, machinery or equipment or any combination thereof and all real and personal property deemed necessary therewith, having to do with or the end purpose of which is reducing, controlling or preventing pollution.

Project means any economic development project or pollution control facility or any combination thereof.

Project costs.  Includes the sum total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, improvement and extension of a project including without limitation the cost of studies and surveys; plans, specifications, architectural and engineering services; legal, marketing or other special services; financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated buildings, rehabilitation, reconstruction, repair or remodeling of existing buildings and all other necessary and incidental expenses including an initial bond and interest reserve together with interest on bonds issued to finance a project to a date six months subsequent to the estimated date of completion.  (Ord. 74-8)

Sec. 8-12.        Purpose.  [back to top]

It is hereby determined and declared that the purpose of this Article is to provide a financing device which will aid in financing the cost of projects in order to relieve conditions of unemployment and to encourage the increase of industry within the municipality, thereby reducing the evils attendant upon unemployment and to provide for the increased welfare and prosperity of the residents of the municipality; it is hereby further determined and declared to be the purpose of this Article to provide a financing device which will aid in financing the cost of pollution control facilities in order to eliminate, abate or reduce the serious dangers to the public health and welfare caused by environmental pollution.  Such purposes are hereby declared and determined to be public purposes and functions pertaining to the government and affairs of the municipality. (Ord. 74-8) 

Sec. 8-13.        Powers of Municipality.  [back to top]

In addition to powers which it may now have, the municipality shall have the power under this Article:

(A)       To construct, acquire by gift, purchase or lease, reconstruct, improve, better or extend and to finance one or more projects, whether or not now or hereafter in existence, within the municipality and, if desirable, to acquire by gift, purchase or lease lands or rights in land in connection with any project.

(B)       To issue its revenue bonds to defray in whole or in part the project costs of any project and to designate an appropriate name for such bonds.

(C)       To rent, lease or sell any project to any person in such manner that payments to be received with respect to the project shall produce revenues and receipts sufficient to provide for the prompt payment at maturity of principal, interest and redemption premiums, if any, upon all bonds issued to finance the cost of such project.

(D)       To pledge to the punctual payment of bonds authorized under this Article, the interest thereon and the redemption premiums, if any, the revenues and receipts to be received from such project.

(E)       To mortgage such project in favor of the holder or holders of bonds issued therefor.

(F)       To sell and convey such project, including without limitation, the sale and conveyance thereof subject to a mortgage, if any, as provided in this Article, for such price and at such time as the governing body of the municipality may determine. However, no sale or conveyance of such project shall ever be made in such manner as to impair the rights or interests of the holder or holders of any bonds issued to finance the project costs of such project.

(G)       To issue its bonds to refund in whole or in part, bonds theretofore issued by such municipality under authority of this Article.

Property acquired by the municipality pursuant to the provisions of this Article shall be exempt from the imposition and collection of taxes thereon while owned by the municipality, but the use of such property is subject to taxation to be paid by the lessee or occupant as provided in Section 26 of the "Revenue Act of 1939" filed May 17, 1939, or as may hereafter be amended. (Ord. 74-8) 

Sec. 8-14.        Exercise of Powers and Issuance of Bonds Generally.  [back to top]

The exercise of all powers granted by this Article may be authorized and bonds may be authorized to be issued under this Article for the purposes set forth in this Article, by ordinance of the governing body of the municipality which may be adopted at the same meeting at which it is introduced and shall take effect immediately upon adoption.  The bonds shall bear interest at such rate or rates, payable at such times, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding forty years from their respective dates, may be payable in such medium of payment at such place or places, may carry such registration privileges, may be subject to such terms of redemption at such premiums, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as such ordinance may provide or as may be subsequently determined by the governing body before the bonds are issued. The bonds may be sold at public or private sale in such manner and upon such terms as may be deemed advisable by the governing body of the municipality.  Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the governing body of the municipality may determine, may be issued to the purchaser or purchasers of bonds sold pursuant to this Article. The bonds and interim receipts or certificates shall be deemed to be securities and negotiable instruments within the meaning and for all purposes of the "Uniform Commercial Code." (Ord. 74-8)

Sec. 8-15.        Covenants in Bonds.  [back to top]

Any ordinance authorizing the issuance of bonds under this Article may contain covenants as to:

(A)       The use and disposition of the revenues and receipts from the project for which the bonds are to be issued, including the creation and maintenance of reserves;

(B)       The issuance of other or additional bonds relating to the project or any rehabilitation, improvements, renovations, enlargements or additions thereto;

(C)       The maintenance and repair of such project;

(D)       The insurance to be carried thereon and the use and disposition of insurance moneys; 

(E)       The appointment of any bank or trust company within or outside the State, having the necessary trust powers as trustee for the benefit of the bondholders, paying agent and bond registrar;

(F)       The investment of any funds held by such trustee; and

(G)       The terms and conditions upon which the holders of the bonds or any portion thereof or any trustee therefor, are entitled to the appointment of a receiver.

Any ordinance authorizing the issuance of bonds under this Article may provide that the principal of and interest on any bonds issued under this Article shall be secured by a mortgage or indenture of trust covering such project for which the bonds are issued and may include any improvements or extensions thereafter made. Such mortgage or indenture of trust may contain such covenants and agreements to properly safeguard the bonds as may be provided for in the ordinance authorizing such bonds and shall be executed in the manner as may be provided for in the ordinance. The provisions of this Article and any such ordinance or ordinances and may such mortgage or indenture of trust shall constitute a contract with the holder or holders of the bonds and continue in effect until the principal of, the interest on and the redemption premiums, if any, on the bonds so issued have been fully paid and the duties of the municipality and its corporate authorities and officers under this Article and any such ordinance or ordinances and any such mortgage or indenture of trust shall be enforceable by any bondholder by mandamus, foreclosure of any such mortgage or indenture of trust or other appropriate suit, action or proceedings in any court of competent jurisdiction; provided, the ordinance or any mortgage or indenture of trust under which the bonds are issued may provide that all such remedies and rights to enforcement may be vested in a trustee for the benefit of all the bondholders which trustees shall be subject to the control of a majority of the holders or owners of any outstanding bonds. (Ord. 74-8) 

Sec. 8-16.        Signatures; Validity.  [back to top]

The bonds issued under this Article shall bear the signatures of such officers of the municipality as may be designated in the ordinance authorizing such bonds and such signatures shall be the valid and binding signatures of the officers of the municipality, notwithstanding that before the delivery thereof and payments therefor any or all of the persons whose signatures appear thereon have ceased to be officers of the municipality issuing such bonds.  The validity of the bonds is not dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, equipping, betterment or extension of the project for which the bonds are issued. The ordinance authorizing the bonds may provide that the bonds shall contain a recital that they are issued pursuant to this Article, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.  (Ord. 74-8)

Sec. 8-17.        Lien on Project Revenues and Receipts.  [back to top]

All bonds issued under this Article have a lien upon the revenues and receipts derived from the project for which the bonds have been issued and the governing body may provide in the ordinance or ordinances authorizing such bonds for the issuance of additional bonds to be equally and ratably secured by a lien upon such revenues and receipts or may provide that the lien upon such revenues and receipts is subordinate. (Ord. 74-8)

Sec. 8-18.        Liability for Bonds.  [back to top]

All bonds issued under and pursuant to this Article shall be limited obligations of the municipality payable solely out of the revenues and receipts derived from the project with respect to which such bonds are issued. No holder of any bonds issued under this Article has the right to compel any exercise of taxing power of the municipality to pay the bonds, the interest or premium, if any, thereon and the bonds do not constitute an indebtedness of the municipality or a loan of credit thereof within the meaning of any constitutional or statutory provision. It shall be plainly stated on the face of each bond that it has been issued under the provisions of this Article and that it does not constitute an indebtedness of the municipality or a loan of credit thereof within the meaning of any constitutional or statutory provisions.  (Ord. 74-8) 

Sec. 8-19.        Investment of Funds.  [back to top]

The municipality, or any trustee on behalf of the municipality, may invest any funds held by it pursuant to this Article in bonds, notes, certificates of indebtedness, treasury bills or other securities constituting direct obligations of the United States of America; in certificates of deposit or time deposits constituting direct obligations of any bank as defined by the Illinois Banking Act, as heretofore and hereafter amended; provided, that investments may be made only in those certificates of deposits in banks which are insured by the Federal Deposit Insurance Corporation, if then in existence, or in short term discount obligations of the Federal National Mortgage Association.  Any such securities may be purchased at the offering or market price thereof at the time of such purchase.  (Ord. 74-8)

Sec. 8-20.        Exemption from Construction and Bidding Requirements for Public Buildings.  [back to top]

The acquisition and construction of a project shall not be subject to any requirements relating to public buildings, structures, grounds, works or improvements imposed by the Illinois Revised Statutes or any other similar requirements which may be lawfully waived by this Section and any requirements of competitive bidding or restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the municipality is not applicable to any action taken under authority of this Article.  (Ord. 74-8, §10.)

Sec. 8-21.        Powers Conferred To Be Supplemental.  [back to top]

The powers conferred by this Article are in addition and supplemental to, and the limitations imposed by this Article shall not affect the powers conferred by any law or any provision of this Code or other ordinances of the city. Projects may be acquired, purchased, constructed, reconstructed, improved, bettered, equipped, extended and financed and bonds may be issued under this Article for such purposes, notwithstanding that any law or any other ordinance may provide for the acquisition, purchase, construction, reconstruction, improvement, equipping, betterment, extension and financing of a like project or the issuance of bonds for like purposes and without regard to the requirements, restrictions, limitations or other provisions contained in any law or any other ordinance. (Ord. 74-08) 

Article VI.  Municipal Use Tax.

Sec. 8-22.        Imposed; Amount.  [back to top]

A tax is hereby imposed in accordance with the provision of 65 ILCS 5/8-11-6, upon the privilege of using in the municipality any item of tangible personal property which is purchased outside Illinois at retail from a retailer, and which is titled or registered with an agency of the State government.  The tax shall be at a rate of one percent (1%) of the selling price of such tangible property with the selling price to have the meaning as defined in the Use Tax Act, approved July 14, 1955.  (Ord. 74-51)

Sec. 8-23.        Collection.  [back to top]

Such tax shall be collected by the State Department of Revenue for all municipalities imposing the tax and shall be paid before the title or certificate of registration for the personal property is issued.  (Ord. 74-51)

Article VII. Real Estate Transfer Tax.

Sec. 8-24.        Imposition of Tax on Transfer by Deed.  [back to top]

A tax is imposed on the privilege of transferring title to real estate within the corporate limits of the Village, as represented by the deed that is filed for recordation, at the rate of  two dollars and fifty cents ($2.50) for each one thousand dollars($1,000.00) of value or fraction thereof stated in the declaration provided for in this Article.  The tax herein levied shall be in addition to any and all other taxes.  (Ord. 79-14; 93-60; 04-29)

Sec. 8-25.        Liability for Tax.  [back to top]

The ultimate incidence of and liability for payment of the tax imposed by this Article shall be borne by the grantee of any deed subject to this Article.  (Ord. 79-14; 93-60)

Sec. 8-26.        Purchase of Stamps.  [back to top]

The tax levied by this Article shall be paid by purchase of tax stamps from the director of finance or his designated agent.  The payment of such tax shall be denoted by an adhesive stamp or stamps affixed to the face of the deed. (Ord. 79-14; 92-91) 

Sec. 8-27.        Filing of Declaration.  [back to top]

At such time as the tax levied by this Article is paid, there shall be filed with the Director of Finance a fully executed and completed copy of the "real estate transfer declaration" required by the provisions of 415 ILCS 5/3. (Ord. 79-14, 92-91)

Sec. 8-28.        Exemptions.  [back to top]

(A)       The following shall be exempt from the tax levied by this Article:

(1)        Deeds to or trust documents relating to property acquired by any governmental body or from any governmental body or deeds to or documents relating to property or interests transferred between governmental bodies, or by or from any corporation, society, association, foundation or institution organized and operated exclusively for charitable, religious or educational purposes; except that such deeds or trust documents, other than those in which the Administrators of Veterans' Affairs of the United States of America is the grantee pursuant to a foreclosure proceeding shall not be exempt from filing the declaration.

(2)        Deeds or trust documents which secure debt or other obligation.

(3)        Deeds or trust documents which, without additional consideration, confirm, correct, modify, or supplement a deed or trust document previously recorded.

(4)        Deeds or trust documents where the actual consideration is less than one hundred dollars ($100.00).

(5)        Tax deeds.

(6)        Deeds or trust documents of release of property which is security for a debt or other obligation.

(7)        Deeds of partition.

(8)        Deeds or trust documents made pursuant to mergers, consolidations, or transfers or sales of substantially all of the assets of corporations pursuant to plans of reorganization. 

(9)        Deeds or trust documents made by a subsidiary corporation to its parent corporation for no consideration other than the cancellation or surrender of the subsidiary's stock.

(10)      Deeds wherein there is an actual exchange of real state and trust documents wherein there is an actual exchange of beneficial interests, except that that money difference or money's worth paid from one to the other shall not be exempt from the tax.

(11)      Deeds representing transfers subject to the imposition of a documentary stamp tax imposed by the government of the United States, except that such deeds shall not be exempt from filing the declaration.

(12)      Deeds issued to a holder of a mortgage, as defined in Section 15-103 of the Code of Civil Procedure, pursuant to a mortgage foreclosure proceeding or pursuant to a transfer in lieu of foreclosure.

(13)      A deed or trust document related to the purchase of a principal residence by a participant in the program authorized by the Home Ownership Made Easy Act, except that those deeds and trust documents shall not be exempt from filing the declaration.

(14)      A deed wherein the grantee(s) thereof have contemporaneously sold an owner-occupied, single family detached or attached dwelling or condominium within the boundaries of the Village of Addison, in which the grantee(s) had resided for at least one year prior to the date of said deed.  Proof, to the Village's reasonable satisfaction, of the one-year residence period shall be provided by the grantee(s) claiming the exemption. (Ord. 97-28; 04-107)

(B)       Every deed or trust document which is tax exempt pursuant to this section shall be presented to the Director of Finance so as to be appropriately marked by said Director of Finance as exempt and eligible for recordation without the payment of tax. At such time as a deed or trust document is presented to the Director of Finance pursuant to this section, there shall be filed with the Director of Finance a certificate setting forth the facts which justify the exemption of the deed or trust document presented.  The certificate shall be executed on behalf of either the grantor or grantee, and shall be on a form provided by the Director of Finance.  The applicant for exemption shall submit a fifty and no/100 dollar ($50.00) administrative fee for review of the application and issuance of the certificate.  (Ord. 79-14; 87-5; 92-91; 93-41; 11-29)

Sec. 8-29.        Real Estate Transfer Tax Stamps.  [back to top]

The tax herein levied and imposed shall be collected by the Director of Finance of the Village through the sale of real estate transfer tax stamps, which shall be caused to be prepared by said Director of Finance in such quantities as said Director of Finance ap from time to time prescribe. Such stamps shall be available for sale at and during the regular business hours of the Village offices and the offices of such agent as the Village may designate.  Upon payment of the tax herein levied and imposed, the stamps so purchased shall be affixed to the deed or other instrument of conveyance as required by this ordinance.  Any person so using and affixing a stamp shall cancel it and so deface it as to render it unfit for reuse by marking it with his initials and the day, month and year when the affixing occurs.  Such marking shall be made by writing or stamping in indelible ink or by perforating with a machine or punch, however, the stamp(s) shall not be so defaced as to prevent ready determination of its denomination and genuineness.  The Addison real estate transfer tax stamp shall be of a design substantially as shown below. (Ord. 79-14; 92-91)

Real Estate Transfer Tax

00.00

Addison

Sec. 8-30.        Recordation of Deeds.  [back to top]

After the effective date of this Article, no deed conveying real property within the corporate limits of the Village shall be entitled to recordation by the recorder of deeds for DuPage County unless such deed shall bear either an Addison real estate transfer tax stamp in the amount required by this Article, or an exemption mark from the Addison Director of Finance.  (Ord. 79-14; 92-91)

Sec. 8-31.        Imposition of Tax on Transfer of Beneficial Interest.  [back to top]

A tax is imposed on the privilege of transferring the beneficial interest in real estate within the corporate limits of the Village at the rate of one dollar and twenty five cents ($1.25) for each five hundred dollars ($500.00) of value or fraction thereof stated in the declaration provided for in this Ordinance. The tax herein levied shall be in addition to any and all other taxes.  (Ord. 79-14; 93-60)

Sec. 8-32.        Liability for Tax.  [back to top]

The ultimate incidence of and liability for payment of the tax imposed by this Article shall be borne by the grantee, assignee, or transferee of any instrument conveying the beneficial interest in real estate within the corporate limits of the Village. (Ord. 79-14; 87-5; 93-60)

Sec. 8-33.        Purchase of Stamps.  [back to top]

The tax levied by this Ordinance shall be paid by the purchase of tax stamps from the Director of Finance or his designated agent.  The payment of such tax shall be denoted by an adhesive stamp or stamps affixed to the face of the instrument transferring the beneficial interest.  (Ord. 79-14; 92-91)

Sec. 8-34.        Filing of Declaration.  [back to top]

At such time as the tax levied by this Ordinance is paid, there shall be filed with the Director of Finance a declaration of the full consideration paid for the transfer of beneficial interest, which declaration shall be on a form provided by the Director of Finance and executed by the person liable for the tax. (Ord. 79-14, 92-91)

Sec. 8-34.1.     Filing of Certification of Inspection for Inflow and Infiltration.  [back to top]

The Director of Finance shall not issue real estate transfer tax stamps unless an inflow and infiltration inspection of the premises has been conducted as provided in Section 20-48.2 of this Code.  If the owner presents a certificate of compliance, the Director of Finance shall issue the real estate transfer tax stamps, provided the requirements of this Article are met.

If the owner presents a certificate of non-compliance, real estate transfer tax stamps will not be issued unless the purchaser of the property:  (1) signs an agreement to have the property brought into compliance within 90 days and (2) deposits a cash escrow with the Director of Finance in an amount equal to the maximum Village reimbursement for its private sector disconnection program (see, Ordinance No. 91-20). (Ord. 91-19; 92-91)

Sec. 8-34.2.     Filing of Certification of No Expired Building Permits, Code Violations and Unpaid Multi-Family License/Reinspection Fees.  [back to top]

A.        Upon receipt of an application for the issuance of real estate transfer tax stamps, the Director of Finance, or his designee, shall promptly cause a compliance check to be initiated by request to the Director of Community Development.  The compliance check shall be solely for the purpose of ascertaining whether there are any outstanding building, property maintenance or housing code issues with respect to the property for which stamps have been requested.  The Director of Community Development, or his designee, shall determine:

(1)        whether the property has been cited for code violations and, if so, whether those code violations have been remedied;

(2)        whether work performed pursuant to a building permit issued by the Village has been completed and has been inspected and given final approval by the Village;

(3)        whether any building or inspection-related fees, including multi-family license or inspection fees, are due and owing the Village; and

(4)        whether costs incurred by the Village related to all outstanding multi-family license fees, reinspection fees, fines, penalties and costs related to the property maintenance code violations are due and owing to the Village. 

B.        If the Director of Community Development issues a certificate of compliance, the Director of Finance shall issue the real estate transfer tax stamps, provided all other requirements of this Article are met. 

C.        If the Director of Community Development issues a certification of noncompliance, real estate transfer tax stamps shall not be issued unless:

(1)        the purchaser of the property signs an agreement to correct all code violations and to complete, have inspected and have approved all building permit related work within sixty (60) days; and

(2)        either the owner or the seller has paid all outstanding multi-family license fees, reinspection fees, fines, penalties and costs related to the property maintenance code violations.

(Ord. 04-29; 06-94; 11-29)

Sec. 8-35.        Real Estate Transfer Tax Stamps.  [back to top]

The tax herein levied and imposed shall be collected by the Director of Finance of the Village through the sale of real estate transfer tax stamps as provided in Section 8-29. (Ord. 79-14; 92-91)

Sec. 8-36.        Duty of Trustee.  [back to top]

No trustee of real estate shall accept an assignment of beneficial interest in real estate  located in the Village unless tax stamps in the required amounts, as set forth in this Ordinance have been affixed to the assignment. (Ord. 79-14)

Sec. 8-37.        Definitions.  [back to top]

For the purpose of this Chapter the following words shall have the meanings herein ascribed to them:

Beneficial interest means any interest, regardless of how small or minimal such interest may be, in a land trust, held by a trustee for the benefit of beneficiaries of such land trust.

Person means any natural individual, firm, partnership, association, joint stock company, joint adventure, public or private corporation, or a receiver, executor, trustee, conservator or other representative appointed by order of any court.

Recordation means the recording of deeds by the Recorder of Deeds for DuPage County, Illinois.

Value means the amount of the full actual consideration for any transfer covered hereunder, including the amount of any lien or liens assumed by the grantee or purchaser. (Ord. 79-14)

Sec. 8-39.        Interest and Penalties.  [back to top]

In the event of failure by any person to pay to the Director of Finance the tax required hereunder when the same shall be due, interest shall accumulate and be due upon said tax at the rate of one percent (1%) per month commencing as of the first day following the day when the deed was recorded or the assignment of beneficial interest was accepted by the trustee. In addition, a penalty of fifty percent (50%) of the tax and interest due shall be assessed and collected against any person who shall fail to pay the tax imposed by this Ordinance.  (Ord. 79-14; 92-91)

Sec. 8-40.        Civil Liability for Tax.  [back to top]

In the event of failure by any person to pay to the Director of Finance the tax required hereunder when the same shall be due, said person shall be liable to the Village for such tax, together with interest and penalties. The Village may bring an action to collect such tax, interest and penalties in any court of competent jurisdiction.   (Ord. 79-14, 92-91)

Sec. 8-41.        Fine for Violation.  [back to top]

In addition to the remaining provisions of this Ordinance, any person found guilty in a court of competent jurisdiction of violating, disobeying, omitting, neglecting or refusing to comply with any provision of this Ordinance, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars for each offense.  (Ord. 79-14)

Sec. 8-42.        Outstanding Water and Sewer Charges.  [back to top]

At the time that application is made for tax stamps hereunder, the Director of Finance shall determine whether there are any outstanding water and sewer charges due to the Village with respect to the subject property.  If there are outstanding charges, prior to the issuance of the tax stamps hereunder, the grantor shall provide a statement, signed by the prospective grantee, acknowledging that said grantee is aware of the existence of said outstanding charges and his liability therefor.  (Ord. No. 87-5, 92-91)

Sec. 8-42.1.     Severability.  [back to top]

If any clause, sentence, section, provision or part of this Article VII or the application thereof to any person or circumstance shall be adjudged to be unconstitutional, the remainder of this Article or its application to persons or circumstances other than those to which it is held invalid shall not be affected thereby.  (Ord. 79-14; 87-5)

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